Drug Trafficking in Ohio: A Guide to Offense Levels

Drug Trafficking in Ohio: A Guide to Offense Levels

If the substance is included in schedule I or II with some exceptions, the crime is considered aggravated trafficking in drugs. Aggravated trafficking in drugs is generally a felony of the fourth degree. Certain facts will change the level of felony and therefore the possible penalties.

Aggravated trafficking is a felony of the third degree if:

Committed in the vicinity of a school or juvenile

The amount involved equals or exceeds bulk amount but less than 5 times bulk amount (presumption for prison term)

Aggravated trafficking is a felony of the second degree if:

The amount involved equals or exceeds bulk amount but is less than 5 times bulk amount and the offense was committed in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 5 times bulk amount but is less than 50 times bulk amount (mandatory prison term)

Aggravated trafficking is a felony of the first degree if:

The amount involved equals or exceeds 5 times bulk amount but is less than 50 times bulk amount and the offense was committed within the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 50 times the bulk amount but is less than 100 times the bulk amount (mandatory prison term)

The amount involved equals or exceeds 100 times bulk amount (mandatory prison term and considered major drug offender)

If the substance is included in schedule III, IV, or V, the crime is considered trafficking in drugs. Trafficking in drugs is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.

Trafficking is a felony of the fourth degree if:

Committed in the vicinity of a school or juvenile

The amount involved equals or exceeds bulk amount but less than 5 times bulk amount

Trafficking is a felony of the third degree if:

The amount involved equals or exceeds bulk amount but is less than 5 times bulk amount and the offense was committed in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 5 times bulk amount but is less than 50 times bulk amount (presumption for prison term)

Trafficking is a felony of the second degree if:

The amount involved equals or exceeds 5 times bulk amount but is less than 50 times bulk amount and the offense was committed within the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 50 times bulk amount and the offense was committed in the vicinity of a school or juvenile (mandatory prison term)

If the substance is marijuana, the crime is considered trafficking in marijuana. Trafficking in marijuana is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.

Trafficking in marijuana is a felony of the fourth degree if:

Committed in the vicinity of a school or juvenile

The amount involved equals or exceeds 200 grams but is less than 1000 grams

Trafficking in marijuana is a felony of the third degree if:

The amount involved equals or exceeds 200 grams but is less than 1000 and the offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 1000 grams but is less than 5000 grams

The amount involved equals or exceeds 5000 grams but is less than 20,000 grams (presumption for prison term)

Trafficking in marijuana is a felony of the second degree if:

The amount involved equals or exceeds 1000 grams but is less than 5000 grams and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 5000 grams but is less than 20,000 grams and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 20,000 grams but is less than 40,000 grams (mandatory prison term)

The amount involved equals or exceeds 20,000 grams but is less than 40,000 grams and the offense occurred in the vicinity of a school or juvenile (mandatory maximum prison term)

The amount involved equals or exceeds 40,000 grams and the offense occurred in the vicinity of a school or juvenile (mandatory maximum prison term)

Trafficking in marijuana is a minor misdemeanor if the offense involves a gift of 20 grams or less. It is a misdemeanor of the third degree if the gift of 20 grams or less occurs within the vicinity of a school or juvenile.

If the substance is cocaine, the crime is considered trafficking in cocaine. Trafficking in cocaine is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.

Trafficking in cocaine is a felony of the fourth degree if:

The offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 5 grams but is less than ten grams

Trafficking in cocaine is a felony of the third degree if:

The amount involved equals or exceeds 5 grams but is less than 10 grams and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 10 grams but is less than 20 grams (presumption for prison term)

Trafficking in cocaine is a felony of the second degree if:

The amount involved equals or exceeds 10 grams but is less than 20 grams and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 20 grams but is less than 27 grams (mandatory prison term)

Trafficking in cocaine is a felony of the first degree if:

The amount involved equals or exceeds 20 grams but is less than 27 grams and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals of exceeds 27 grams but is less than 100 grams (mandatory prison term)

The amount involved equals or exceeds 100 grams (mandatory maximum prison term and considered major drug offender)

If the substance is LSD, the crime is considered trafficking in LSD. Trafficking in LSD is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.

Trafficking in LSD is a felony of the fourth degree if:

The offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 10 unit doses but is less than 50 unit doses

The amount involved equals or exceeds 1 gram but is less than 5 grams liquid

Trafficking in LSD is a felony of the third degree if:

The amount involved equals or exceeds 10 unit doses but is less than 50 unit doses and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds one gram but is less than 5 grams liquid and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 50 unit doses but is less than 250 unit doses (presumption for prison term)

The amount involved equals or exceeds 5 grams but is less than 25 grams liquid (presumption for prison term)

Trafficking in LSD is a felony of the second degree if:

The amount involved equals or exceeds 50 unit doses but is less than 250 unit doses and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 5 grams but is less than 25 grams liquid and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 250 unit doses but is less than 1000 unit doses (mandatory prison term)

The amount involved equals or exceeds 25 grams but is less than 100 grams liquid (mandatory prison term)

Trafficking in LSD is a felony of the first degree if:

The amount involved equals or exceeds 250 unit doses but is less than 1000 unit doses and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 25 grams but is less than 100 grams liquid and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 1000 unit doses but is less than 5000 unit doses (mandatory prison term)

The amount involved equals or exceeds 100 grams but is less than 500 grams liquid (mandatory prison term)

The amount involved equals or exceeds 5000 unit doses (mandatory maximum prison term and considered major drug offender)

The amount involved equals or exceeds 500 grams liquid (mandatory maximum prison term and considered major drug offender)

If the substance is heroin, the crime is considered trafficking in heroin. Trafficking in heroin is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.

Trafficking in heroine is a felony of the fourth degree if:

The offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 10 unit doses but is less than 50 unit doses

The amount involved equals or exceeds one gram but is less than 5 grams

Trafficking in heroin is a felony of the third degree if:

The amount involved equals or exceeds 10 unit doses but is less than 50 unit doses and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds one gram but is less than 5 grams and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 50 unit doses but is less than 100 unit doses (presumption for prison term)

The amount involved equals or exceeds 5 grams but is less than 10 grams (presumption for prison term)

Trafficking in heroin is a felony of the second degree if:

The amount involved equals or exceeds 50 unit doses but is less than 100 unit doses and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 5 grams but is less than 10 grams and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 100 unit doses but is less than 500 unit doses (mandatory prison term)

The amount involved equals or exceeds 10 grams but is less than 50 grams (mandatory prison term)

Trafficking in heroin is a felony of the first degree if:

The amount involved equals or exceeds 100 unit doses but is less than 500 unit doses and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 10 grams but is less than 50 grams and the offense occurred in the vicinity of a school or juvenile (mandatory prison term)

The amount involved equals or exceeds 500 unit doses but is less than 2500 unit doses (mandatory prison term)

The amount involved equals or exceeds 50 grams but is less than 250 grams (mandatory prison term)

The amount involved equals or exceeds 2500 unit doses (mandatory maximum prison term and considered major drug offender)

The amount involved equals or exceeds 250 grams (mandatory maximum prison term and considered major drug offender)

If the substance is hashish, the crime is considered trafficking in hashish. Trafficking in hashish is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.

Trafficking in hashish is a felony of the fourth degree if:

The offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 10 grams but is less than 50 grams solid form

The amount involved equals or exceeds 2 grams but is less than 10 grams liquid form

Trafficking in hashish is a felony of the third degree if:

The amount involved equals or exceeds 10 grams but is less than 50 grams solid form and the offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 2 grams but is less than 10 grams liquid form and the offense occurred in the vicinity of a school or juvenile

The amount involved equals or exceeds 50 grams but is less than 250 grams solid form

The amount involved equals or exceeds 10 grams but is less than 50 grams liquid form

The amount involved equals or exceeds 250 grams but is less than 1000 solid form (presumption for prison term)

The amount involved equals or exceeds 50 grams but is less than 200 grams liquid form (presumption for prison term)

Trafficking in hashish is a felony of the second degree if:

The amount involved equals or exceeds 50 grams but is less than 250 grams solid form and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 10 grams but is less than 50 grams liquid form and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 250 grams but is less than 1000 solid form and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 50 grams but is less than 200 grams liquid form and the offense occurred in the vicinity of a school or juvenile (presumption for prison term)

The amount involved equals or exceeds 1000 grams but is less than 2000 grams solid form (mandatory prison term)

The amount involved equals or exceeds 200 grams but is less than 400 grams liquid form (mandatory prison term)

The amount involved equals or exceeds 1000 grams but is less than 2000 grams solid form and the offense occurred in the vicinity of a school or juvenile (mandatory maximum prison term)

The amount involved equals or exceeds 200 grams but is less than 400 grams liquid form and the offense occurred in the vicinity of a school or juvenile (mandatory maximum prison term)

The amount involved equals or exceeds 2000 grams solid form and the offense occurred in the vicinity of a school or juvenile (mandatory maximum prison term)

The amount involved equals or exceeds 400 grams liquid form and the offense occurred in the vicinity of a school or juvenile (mandatory maximum prison term)

If the substance is spice, the crime is considered trafficking in spice. Trafficking in spice is generally a felony of the fifth degree. Certain facts will change the level of felony and therefore the possible penalties.